Bandung Religious Court Decision No. 3085 of 2014: Irrevocable Divorce

The parties were married on 12 August 2006. Initially the marriage was harmonious. Since September 2013, however, it had become quarrelsome. The plaintiff submitted that this was due to:

  1. the defendant having been an irresponsible husband, i.e. not valuing, respecting, caring for and loving the plaintiff as his wife;
  2. the defendant having had extra-marital affairs in October 2006, in 2008, and then again in September 2013; and
  3. the plaintiff no longer being able to maintain a domestic partnership with the defendant, resulting in the parties separating on 10 November 2013.

Due to the ongoing conflict between the parties the court granted the plaintiff an irrevocable divorce (thalak satu ba'in sughro), pursuant to art 39 of Law No. 1 of 1974 on Marriage, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws.

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